Terms of Use - Wider Circle | Connecting Neighbors for Better Health

Last Updated: August 13, 2026

Summary

This summary is for your convenience. It is not a substitute for the full Terms below.

Wider Circle is a family of companies. Some of them are health care providers and some are not. Section 2 tells you who is who, and Section 3 tells you which of your dealings with us these Terms actually govern.
These Terms do not govern your medical or behavioral health care. If you are a patient of one of our clinical companies, that care is governed by the consent forms you sign with your clinician and by our Notice of Privacy Practices — not by this website agreement.
We are not a health plan. Nothing here changes your health plan benefits or your right to appeal or file a grievance with your plan, with Medicare, or with your state Medicaid agency.
Section 7 explains our text and WhatsApp messaging: what each company may message you about, which channel it uses, how you sign up, and how to stop. WhatsApp is a Meta service, so we never send clinical information over it.
These Terms include an agreement to arbitrate most disputes individually rather than in court, and a waiver of class actions. You may opt out of arbitration within 30 days. Claims about medical or behavioral health care are not covered by the arbitration agreement. See Sections 24 and 25.

1. Disclaimers

We are not a health plan. Wider Circle is not a health plan or a health insurance company. We do provide our services to health plans, who in turn make our services available to their eligible members. If you have a question about your health benefits or medical benefits, call your health plan for assistance.

Your health plan rights are unaffected. Nothing in these Terms limits, waives, or changes any right you have under your health plan, under Medicare, or under your state Medicaid program, including your right to file a grievance, to request an organization determination or coverage determination, or to appeal a decision. If anything in these Terms appears to conflict with those rights, those rights control.

This website does not provide medical advice. The information on this Service, in our programs, and in our products is not a substitute for professional medical advice. If you have any question at all about a medical condition, medicine, or prescription, contact your physician or health care provider. Please don’t rely on any information on this Service or in any of our programs or products to determine a medical diagnosis or treatment, and don’t delay seeking medical advice for any condition you have or suspect you have. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Care you receive from our clinical companies is different. WiderCare Community Health PC and Menda Behavioral Health Services PC are health care providers, and the care they deliver is professional health care. The disclaimer above is about this website and our community programs; it is not a statement about your clinical care. See Section 3.

Our community programs are at your own risk. Some of the services Wider Circle offers include activity programs. If you are engaged in any of those programs, you should always consult with a physician before you begin any exercise activity or program, because any exercise activity involves a risk of injury. Although through our programs we promote safe and effective methods of activity, we can’t guarantee prevention of injuries.

These Terms of Use require you to individually arbitrate most disputes, and you waive your right to bring those claims in court, before a jury, and as a class. Please read these Terms of Use carefully. Section 24 explains what is excluded from arbitration and how to opt out.

2. Who We Are — The Wider Circle Family

This Service is owned or operated by Wider Circle, Inc. (“Wider Circle,” “we,” “us,” or “our”). Wider Circle, Inc. is the parent company of a family of companies. Because those companies do different things and are regulated differently, these Terms identify them by name where it matters.

Wider Circle, Inc. is the parent company and the publisher of these Terms. It operates the Connect for Life community engagement program, the Hank social platform, this website, and our corporate and marketing functions. Wider Circle, Inc. is not a HIPAA covered entity. It is a First Tier, Downstream, and Related Entity for the Medicare Advantage organizations and Part D plan sponsors with which it contracts, and it acts as a business associate of a contracted health plan when it receives protected health information from that plan.

WiderCare Health Management, LLC is the management services organization for our clinical companies. It provides administrative, operational, billing, technology, human resources, compliance, and similar back-office services to the clinical companies under written management services agreements. It is not a treating provider and does not direct or make decisions about your clinical care.

WiderCare Community Health PC is a professional corporation that delivers community-based clinical services, including Community Health Integration, Principal Illness Navigation, and Shared Medical Appointments. It is a HIPAA covered entity.

Menda Behavioral Health Services PC is a professional corporation that delivers pain management services using a behavioral health treatment model. It is a HIPAA covered entity.

Ask Claire Insurance Services, LLC is a wholly-owned subsidiary licensed as an insurance producer in the states in which it operates. It helps eligible individuals understand and enroll in Medicare Advantage plans, Medicare Part D plans, and other insurance products. With respect to Medicare Advantage and Part D activity, Ask Claire is a Third-Party Marketing Organization.

Hank is a social platform operated by Wider Circle, Inc. that lets members connect with one another, join interest- and condition-based groups, and take part in self-directed peer activities. Hank sends event and group reminders by text message and by WhatsApp, as described in Section 7. Hank is not a clinical service.

Our Notice of Privacy Practices describes each of these companies and their privacy roles in more detail.

3. What These Terms Cover — and What They Do Not

What these Terms cover. These Terms of Use (“Terms”) set forth the terms and conditions under which you are authorized to access and use our “Service,” which includes our website at widercircle.com, the Wider Circle web application, our mobile applications (“Mobile App(s)”), the Hank platform, the text and WhatsApp messaging described in Section 7, and any other websites or services where these Terms are posted.

Through your use of our Service, you agree to these Terms.

What these Terms do not cover. These Terms are an agreement about your use of our digital services and communications. They are not an agreement about health care, insurance, or your health plan benefits. Specifically:

Health care services. If you receive clinical care from WiderCare Community Health PC or Menda Behavioral Health Services PC, that care is governed by the consent and treatment documents you sign with your clinician, by Part II of our Notice of Privacy Practices, and by the professional and licensing laws that apply to your provider. Nothing in these Terms — including the disclaimers in Section 19, the limitation of liability in Section 20, the release in Section 21, or the arbitration agreement in Section 24 — applies to the provision of health care services or to any claim of professional negligence or malpractice.
Insurance transactions. If you work with Ask Claire to evaluate or enroll in an insurance plan, that relationship is governed by the documents you complete with Ask Claire, by the Medicare marketing rules that apply to Medicare Advantage and Part D activity, and by your state’s insurance laws. Nothing in these Terms limits any right you have under state insurance law, including your right to file a complaint with your state department of insurance.
Your health plan. Your benefits, coverage, appeals, and grievances are governed by your health plan, not by these Terms. See Section 1.

Where documents conflict. Where these Terms and a separate written agreement you sign with us differ, the separate agreement controls as to its subject matter. Where these Terms and our Notice of Privacy Practices differ on a privacy question, the Notice of Privacy Practices controls.

4. Additional Agreements

Additional rules or guidelines of Wider Circle may apply to your use of our Service, including our Privacy Policy and, for Hank and other community features, the Wider Circle Community Guidelines, both of which are incorporated into these Terms by this reference. In the event of a conflict between these Terms and our Privacy Policy, the Privacy Policy shall control to the extent of such conflict. Capitalized terms not defined in these Terms will have the definition set forth in our Privacy Policy.

5. Your Access to the Service

As a condition of your right to access and use our Service, you represent that you are at least 18 years of age and that you are not a person barred from accessing the Service under the laws of the United States or any other country. Wider Circle reserves the right to terminate your access in the event you violate these Terms. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SERVICES ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.

6. Consent to Electronic Communications

By using the Service, you agree that Wider Circle may communicate with you electronically regarding your use of the Service and related matters, and that any notices, agreements, disclosures, or other communications that Wider Circle sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify Wider Circle at the address in Section 29.

This Section 6 is about electronic notices generally. Text messages are governed by Section 7.

7. Text and WhatsApp Messages

This Section 7 applies to text (SMS) messages and to WhatsApp messages sent by the Wider Circle family of companies. In this Section, “message” means both unless we say otherwise.

7.1 Who messages you, and about what

Different Wider Circle companies may message you about different things, on different channels. We message you only about the categories below, and only if you have given that company permission to message you on that channel.

Wider Circle, Inc. — community and program messages, by text. Invitations, reminders, and confirmations for Connect for Life events and programs; information about community activities and resources available to you; messages about your Wider Circle membership or account; and replies to messages you send us. These messages are not medical advice.

Hank — event and group reminders, by text or WhatsApp. Reminders, invitations, and confirmations for Hank events, groups, and activities you have joined; notices about your Hank account; and replies to messages you send us. Hank is not a clinical service, and Hank messages are not medical advice. See Section 7.4 for how WhatsApp works and what we will not send over it.

WiderCare Community Health PC and Menda Behavioral Health Services PC — clinical messages, by text only. Appointment reminders and confirmations; follow-up from your care team; reminders about recommended screenings or services; requests to call your care team; and replies to messages you send us. These messages relate to your health care and contain protected health information, and they are governed by Part II of our Notice of Privacy Practices. We do not send clinical messages over WhatsApp.

WiderCare Health Management, LLC may send any of the messages above on behalf of the company it supports. When it does, the message identifies the company on whose behalf it is sent.

Ask Claire Insurance Services, LLC does not send text or WhatsApp messages. If Ask Claire begins sending them, it will do so under a separate opt-in and separate terms provided to you at that time.

What we will not message you about. We do not send you messages that market, promote, or describe the benefits of any specific Medicare Advantage plan, Part D plan, or other insurance product. We do not send you messages advertising the products or services of any company outside the Wider Circle family.

We will update this Section before any other Wider Circle company begins messaging you, or before any company begins messaging you on a channel not listed above.

7.2 Consent is not a condition

You do not have to agree to receive text or WhatsApp messages in order to participate in Connect for Life, to use Hank, to receive care from a Wider Circle clinical company, to work with Ask Claire, or to receive any benefit from your health plan. Saying no changes nothing else about your relationship with us.

7.3 How you sign up

We message only mobile numbers for which we have your express permission to message you. You give that permission in one of these ways:

On a form. You check the messaging box on a Wider Circle or Hank sign-up form, on paper or online. The box is optional and is never pre-checked.
On a recorded call. You tell a Wider Circle representative on a recorded telephone call that you agree to receive messages, after the representative tells you what this Section says.
In the Hank app or on our website. You turn on message reminders in your account settings and choose the channel.
By messaging us first. You begin a text or WhatsApp conversation by messaging one of our numbers.

Each channel is separate. Agreeing to text messages does not sign you up for WhatsApp messages, and agreeing to WhatsApp does not sign you up for text messages. We ask for each channel separately and tell you which one you are agreeing to.

Each company is separate. Permission you give to one Wider Circle company applies to that company. If another Wider Circle company needs to message you, it will ask you separately.

7.4 About WhatsApp

WhatsApp is a service operated by Meta Platforms, Inc. Wider Circle does not own or control WhatsApp. When you choose to receive WhatsApp messages from us, those messages travel through Meta’s service, and your use of WhatsApp is governed by Meta’s own terms and privacy policy in addition to these Terms. We do not control what Meta does with the information it handles, and Meta is not our business associate.

Because of that, we limit what we will send over WhatsApp:

We do not send protected health information over WhatsApp.
We do not send clinical messages over WhatsApp. Messages from WiderCare Community Health PC and Menda Behavioral Health Services PC come by text only.
We do not name a health condition, diagnosis, medication, or condition-specific group in a WhatsApp message. If you belong to a Hank group organized around a health condition, our WhatsApp reminder will refer to it in general terms — for example, “your Hank group meets Thursday at 10” — rather than naming the condition.

If you would rather we did not use WhatsApp at all, tell us and we will use text or telephone instead. See Section 7.8 for how to stop.

7.5 Message frequency

Message frequency varies.

7.6 Cost

Message and data rates may apply. Wider Circle does not charge you for messages; your mobile carrier may. WhatsApp messages use your internet data rather than your text message allowance.

7.7 Help

For help, text HELP to any Wider Circle number that has messaged you, call us at (800) 656-0228, or email info@widercircle.com.

7.8 How to stop

Text messages. Text STOP to the Wider Circle number that texted you. We also accept QUIT, END, REVOKE, OPT OUT, CANCEL, and UNSUBSCRIBE. Send the word by itself as the entire message so that our system recognizes it.

WhatsApp messages. Reply STOP in the WhatsApp conversation, turn off message reminders in your Hank account settings, or block the number in WhatsApp.

Either one. You may also simply tell us. Ask any Wider Circle representative — by phone, in person, in writing, or by replying in your own words — to stop messaging you, and we will honor that request. You do not have to use a particular word, a particular channel, or a particular method.

After you opt out, we will send one confirmation message and then no further messages.

Opting out stops messages from every Wider Circle company, on every channel, unless you tell us you want to keep receiving a particular kind of message. For example, if you want to stop Hank event reminders but keep appointment reminders from your care team, tell us and we will set that up.

Opting out does not remove you from Connect for Life or Hank, does not affect your care, and does not affect your health plan benefits. We may still contact you by telephone or by mail unless you ask us to stop those as well.

7.9 Your mobile information

Wider Circle does not sell your personal information. We do not share your mobile telephone number, your messaging opt-in, or your consent with any third party or affiliate for that party’s own marketing or promotional purposes. We share your mobile telephone number only with the vendors that transmit messages for us, under written contracts — and, where the information is protected health information, under business associate agreements — that permit them to use it only to deliver our messages. Where you have chosen WhatsApp, delivery necessarily involves Meta as described in Section 7.4. See our Privacy Policy.

7.10 Messages are not secure

Text messages are not encrypted, and anyone with access to your phone can read them. WhatsApp messages are encrypted in transit but are handled by Meta and can also be read by anyone with access to your phone. We keep the content of our messages brief and general for that reason. If you would prefer that we contact you only by telephone or by mail, tell us and we will.

7.11 Delivery

Text messaging is supported in the United States only and may not be available on all mobile carriers or devices. WhatsApp requires the WhatsApp application and an internet connection. Mobile carriers are not liable for delayed or undelivered messages, and we are not responsible for delays or failures caused by WhatsApp.

7.12 Not for emergencies

Do not use text or WhatsApp messaging to report a medical emergency or to communicate anything that needs an immediate response. In an emergency, call 911 or your local emergency assistance number. We do not monitor incoming messages at all hours.

8. Third-Party Services and Content

We may use third party service providers in order to provide the Service to you. Third parties are not governed by these Terms. You acknowledge that any reliance on representations and warranties provided by any party other than Wider Circle will be at your own risk. Your use of any third-party-operated websites or services, and your participation in any event operated by a third party, is subject to the terms of that third party, and Wider Circle is not responsible for any content, product, or service offered to you, advertised, or made available in connection with such events.

9. Modifications and Interruption to the Service

We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that our Service will be error free. You understand that usage of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Wider Circle reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions.

10. Restricted Activities

You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service):

violate or encourage the violation of any local, state, national, or international law or regulation;
collect or store personal data about other users of our Service or solicit personal information from any individual without proper rights or consent of the individual;
send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Wider Circle in its sole discretion;
infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
post or transmit chain letters, “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
disrupt or interfere with the security or use of the Service or any websites or content linked to them;
interfere with or damage the integrity of the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
use the Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
attempt to use another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Wider Circle or create or use a false identity;
attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
use any meta tags or any other “hidden text” utilizing Wider Circle name, trademarks, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
assist any third party in engaging in any activity prohibited by these Terms.

Your use of Hank and other community features is also subject to the Wider Circle Community Guidelines.

Further, without our written consent, you may not:

reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any Wider Circle content or any use of or access to the Service;
deep-link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service;
access the Service in order to build a competitive service or to benchmark with a non-Wider Circle service; or
reverse engineer the Service (to the extent such restriction is permitted by law).

11. Service Restrictions, Alterations and Terminations

Wider Circle shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Service. Wider Circle reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Wider Circle may discontinue or alter any aspect of this Service, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use the Service, at Wider Circle’s sole discretion and without prior notice or liability.

12. Usernames, Passwords and Security

Your phone number will be your primary user identifier for purposes of interacting with Wider Circle and other users through the Service. You may only use your phone number and any authentication credentials that you have a lawful right to use in order to access the Service. You shall immediately notify Wider Circle if you learn of or suspect: (i) any compromise of your account credentials, or (ii) any unauthorized use of your account or of the Service. In the event of such loss, theft, or unauthorized use, Wider Circle may impose on you, at Wider Circle’s sole discretion, additional security obligations. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly disclose that information to Wider Circle.

13. Intellectual Property

We own all right, title and interest in and to the Service and its content including but not limited to text, graphics, images and software (“Content”), including all intellectual property rights. We expressly reserve all rights to the Content. Any right you have to use of the Content is specifically and expressly detailed in this Section and your access to or use of the Content does not give you any right, title, or interest in or to the Content. You may not modify or use any Content for any purpose other than as expressly permitted herein or on the Service.

As long as you comply with these Terms, you can download and use our Mobile Application and you may print a small number of copies of the Content on this Service solely for your personal, noncommercial use. You must keep intact all copyright and other proprietary notices that appear on that Content. You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, or transfer or sell the Service or the Content without our prior written permission. This prohibition expressly includes, but is not limited to, the practices of “screen scraping” and “data mining.” You are prohibited from using the Content for any public or commercial purpose. You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Service or the Content.

14. User-Submitted Content

Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Service, including without limitation all files, photos, documents and any other Content which does not originate with Wider Circle (“User Content”), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will Wider Circle be liable in any way for any User Content made available through the Service by you or any third party.

15. Trademarks and Copyright

All trademarks and service marks (“Trademarks”) used on this Service belong to us or to the applicable third party, and may not be used without permission, which may be withheld at our sole discretion or at the sole discretion of the third party.

Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act (“DMCA”), we have designated an agent to receive notifications of alleged copyright infringement associated with the Service. We will use commercially reasonable efforts to investigate any alleged infringement and take appropriate action in accordance with the DMCA. If you believe that a copyrighted work is being infringed by the Content, please notify our copyright agent at trademarks@widercircle.com or at our address for notices in Section 29. In your notice of alleged copyright infringement, include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
Identification of the copyrighted work alleged to have been infringed;
A description of the material that is claimed to be infringing and information sufficient to locate the material on the Service;
Information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an email address;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

16. Feedback

We welcome your comments and feedback about our Service. All information and materials submitted to Wider Circle through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data, User Content, or the like regarding or relating to the Service or the business of Wider Circle (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Wider Circle reserves the right to treat any such Feedback as confidential. You grant us all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

Do not send us protected health information, clinical questions, or requests about your care through the Feedback channel. Contact your care team instead.

17. Your Use of the Service

You are responsible for your activity on the Service and for any content you submit to the Service. Any fraudulent, abusive, or other illegal activity may result in termination of your account at our sole discretion. We may refer your conduct to appropriate law enforcement agencies. You agree that you will not allow any other person or entity to use your access credentials to access the Service or take any other action that interferes with other parties’ use of the Service.

18. Scope of Sections 19 Through 25

Sections 19 through 25 — Disclaimer of Warranties, Limitation of Liability, Release, Limitation on Actions, Indemnification, Arbitration & Dispute Resolution, and Class Action Waiver — apply only to your use of the Service and to our digital and community programs. They do not apply to:

the provision of health care services by WiderCare Community Health PC or Menda Behavioral Health Services PC, or to any claim of professional negligence, malpractice, or informed-consent failure;
any claim arising under your health plan, Medicare, or a state Medicaid program; or
any claim arising from an insurance transaction with Ask Claire that is governed by state insurance law.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, fraud, or personal injury caused by our negligence.

19. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. THIS SERVICE AND ITS CONTENT ARE PROVIDED “AS IS,” “AS-AVAILABLE” AND “WITH ALL FAULTS.” We do not make any representations or warranties with respect to the Service or the Content and to the fullest extent permitted by law disclaim all warranties, express or implied, including without limitation, warranties of merchantability, completeness, timeliness, correctness, non-infringement, and fitness for a particular purpose, use or application.

20. Limitation of Liability

Subject to Section 18, TO THE FULLEST EXTENT PERMITTED BY LAW, WIDER CIRCLE, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

21. Release

Subject to Section 18, you acknowledge that you may have or may in the future have claims against us arising out of your use of the Service that you do not know or suspect to exist at the time of releasing them, and you waive any protection under California Civil Code § 1542, or any comparable law of any other jurisdiction, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

This release does not extend to any claim that may not lawfully be released, and does not extend to any matter described in Section 18.

22. Limitation on Actions

Subject to Section 18, and notwithstanding any statute of limitations or other law to the contrary, any claim or cause of action arising out of your use of this Service or any Content must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, except where a longer period is required by applicable law. Our failure to enforce or exercise any provision of these Terms or any other right related to the Service or the Content, within one (1) year shall not constitute a waiver of that right or provision.

23. Indemnification

You will indemnify, defend and hold us harmless against any claims or causes of action brought by third parties, including but not limited to, in connection with your negligence or willful misconduct; your breach of these Terms; your violation of any federal, state or local laws, rules or regulations including those governing privacy, security or data protection; or your use of the Service or Content in a manner that infringes any intellectual property or proprietary rights.

24. Arbitration & Dispute Resolution

Please read this Section carefully. It affects how disputes between you and Wider Circle are resolved, and it limits your right to go to court.

24.1 What is not covered. This Section 24 does not apply to any matter described in Section 18. In particular, claims arising out of the provision of health care services, including any claim of professional negligence or malpractice, are not subject to this arbitration agreement. This Section also does not prevent either party from bringing an individual action in small claims court, and does not prevent you from filing a complaint with any federal, state, or local government agency.

24.2 Agreement to arbitrate. Except as stated in Section 24.1, any dispute arising out of or related to your use of or access to this Service shall be resolved exclusively by confidential binding arbitration, except that we may seek injunctive or other appropriate relief to the extent we believe you have violated or threatened to violate our intellectual property rights. The arbitration shall be conducted by one neutral arbitrator in San Francisco, California, under the Consumer Arbitration Rules of the American Arbitration Association then in effect. If you are unable to travel, the arbitrator may conduct the proceeding by telephone or videoconference or in a location convenient to you. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. The arbitrator’s decision may be enforced in any court of competent jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of California, or of any federal court located in the State of California, for any action (1) to compel arbitration, (2) to enforce any award of the arbitrator, or (3) for service of process in any such action by registered mail or any other means provided by law.

24.3 Your right to opt out of arbitration. You may opt out of this arbitration agreement. To opt out, send written notice to Wider Circle at the address in Section 29, or email info@widercircle.com, within thirty (30) days of the date you first accept these Terms, stating your name, the phone number or email address associated with your use of the Service, and that you are opting out of the arbitration agreement. Opting out will not affect any other part of these Terms, and it will not affect your relationship with us in any way. If you opt out, disputes will be resolved in court as described in Section 29.

25. Class Action Waiver

Except as stated in Sections 18 and 24.1, any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. This waiver does not apply if you opt out under Section 24.3, and does not apply to any claim that may not lawfully be waived.

26. Notice for California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

27. Changes to These Terms

We may modify these Terms at any time by posting the revised Terms on this page and updating the “Last Updated” date at the top. If we make a material change — including any change to Section 7, Section 20, Section 21, Section 24, or Section 25 — we will provide notice before the change takes effect, by email, by text message if you have consented to texts, by a notice on this Service, or by another reasonable means. Changes that are not material become effective when posted. Your continued use of any of our Service after the effective date of a change constitutes your acceptance of the revised Terms. If you do not agree to a change, stop using the Service and tell us; we will help you close your account. You may not amend these Terms.

28. Mobile Application Terms

The following Terms apply to your use of the Mobile App:

Acknowledgement. Wider Circle and you acknowledge that these Terms are concluded between Wider Circle and you only, and not with Apple (or any other application marketplace provider), and Wider Circle, not Apple (or any other application marketplace provider), is solely responsible for the Service and the content thereof.

Scope of License. The license granted to you for the Service is limited to a non-transferable license to use the Service on any iPhone, supported Apple device (or other mobile device) that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (or other terms applicable to the application marketplace).

Maintenance and Support. As between Apple (or any other application marketplace provider) and Wider Circle, Wider Circle is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in these Terms, or as required under applicable law. Wider Circle and you acknowledge that Apple (or any other application marketplace provider) has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Warranty. As between Apple (or any other application marketplace provider) and Wider Circle, Wider Circle is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple (or any other application marketplace provider), and Apple (or other application marketplace provider) will refund the purchase price for the relevant application. To the maximum extent permitted by applicable law, Apple (or any other application marketplace provider) will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Wider Circle’s sole responsibility.

Product Claims. Wider Circle and you acknowledge that Wider Circle, not Apple (or any other application marketplace provider), is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. Wider Circle and you acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Wider Circle, not Apple (or any other application marketplace provider), will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) you are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.

Developer Name and Address. Wider Circle may be contacted in connection with any questions, complaints or claims with respect to the Service at the address in Section 29.

Third Party Beneficiary. Wider Circle and you acknowledge and agree that Apple (or any other application marketplace provider), and Apple’s (or other application marketplace provider’s) subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple (or any other application marketplace provider) will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

29. General Terms

Governing Law and Venue. These Terms and all other matters arising from your use of this Service or Content shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Should the agreement to individual binding arbitration in Section 24 be deemed invalid or otherwise unenforceable for any reason, or should you opt out under Section 24.3, the parties expressly consent to and agree that the exclusive jurisdiction of and venue for any claims will be in the state or federal courts located in San Francisco, California.

Severability. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of these Terms will remain fully in force.

Assignment. These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without the prior written consent of Wider Circle. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party, including (without limitation) in the event of a merger or acquisition, or other corporate transaction.

Integration. These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. This Integration provision does not apply to any clinical consent, treatment agreement, insurance document, or other separate written agreement described in Section 3.

Waiver. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

No Relationship. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

Force Majeure. Wider Circle will not be liable for any failure or deficiency in the performance or availability of the Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Wider Circle, fire, terrorism, natural disaster, pandemic, or act of government.

Notices. Notices to Wider Circle under these Terms must be sent by registered mail to Wider Circle, Inc., 50 Woodside Plaza, Suite 743, Redwood City, CA 94061, Attn: General Counsel. You may also reach us at (800) 656-0228 or info@widercircle.com.